Afia v Mellor & Anor [2013] EW Misc 23 (CC) (04 November 2013)

Afia v Mellor & Anor [2013] EW Misc 23 (CC) (04 November 2013)

The defendants, through their conduct and correspondence, waived the requirement for strict compliance with the notice provisions under clause 3.2 of the Deferred Offer Instrument, or are estopped from denying liability. The claimant is entitled to enforce the guarantee and receive payment for his shares.

Citation
[2013] EW Misc 23 (CC)
Parties
Claimant: Philip Afia; Defendant: David Mellor; Defendant: Christopher Jemmett
Jurisdiction
England and Wales
Judgment Date
04 November 2013
Procedural Posture
Contract/guarantee Claim / Final Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Guarantee Enforcement, Waiver, Estoppel, Shareholder Rights, Notice Requirements
Contract Law Equity Company Law Guarantee Enforcement Waiver Estoppel Shareholder Rights Notice Requirements

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Parties

Philip Afia

Claimant

David Mellor

Defendant

Christopher Jemmett

Defendant

Procedural Posture

Contract/guarantee Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether the defendants waived strict compliance with notice requirements under the guarantee
  2. 2 Whether the defendants are estopped from denying liability under the guarantee
  3. 3 Whether the claimant is entitled to payment under the guarantee despite not serving notice on Amor

Ratio Decidendi

The defendants, through their conduct and correspondence, waived the requirement for strict compliance with the notice provisions under clause 3.2 of the Deferred Offer Instrument, or are estopped from denying liability. The claimant is entitled to enforce the guarantee and receive payment for his shares.

Court Disposition

Judgment for the claimant

Orders

  • Declaration that the defendants waived or are estopped from relying on strict compliance with notice provisions under the guarantee
  • Order for payment to the claimant for his shares under the guarantee